Guides / How to file your NOI in MyTDEC (Tennessee)

How to file your NOI in MyTDEC (Tennessee)

The Notice of Intent is the step that turns your SWPPP into real permit coverage. Here is what form CN-0940 is, how to file it in MyTDEC, and the order that keeps you off a stop-work order.

Before you can legally break ground on a one-acre-plus site in Tennessee, you need coverage under the state Construction General Permit, and you get that coverage by filing a Notice of Intent (NOI) through TDEC's online system, MyTDEC. This is the step that turns your SWPPP into actual permit coverage, and doing it in the right order saves you from a stop-work order.

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What the NOI actually is

The NOI is TDEC form CN-0940. Filing it tells the state you intend to discharge stormwater from a construction site and are requesting coverage under permit TNR100000. Once TDEC processes it, you receive a Notice of Coverage (NOC), which is your proof of coverage. The NOI is not the same thing as your SWPPP: the SWPPP is your site-specific plan, and the NOI is the application that puts you under the permit.

You need a SWPPP first

Your SWPPP must be prepared before you file, because the NOI references it and you certify that it exists. In practice the sequence is: build the SWPPP, file the NOI, receive the NOC, then start work. If you have not built the plan yet, that is exactly what SWPPP Builder produces. See also Do I need a SWPPP in Tennessee?

Filing in MyTDEC, step by step

Create or log into your MyTDEC account (the state's online permitting portal).
Start a new Construction General Permit NOI (CN-0940).
Enter the operator and site information, the estimated total disturbed acreage, and the receiving waters your site drains to.
Certify the application, including that a SWPPP has been prepared.
Pay the permit application fee. The fee is based on the total acreage the project will disturb, set under Tennessee Rules Chapter 0400-40-11; checks are made payable to Treasurer, State of Tennessee, where electronic payment is not used.
Wait out the permit's notification period, then confirm your Notice of Coverage before disturbing soil. Post your coverage information at the site as the permit requires.

Contractors are secondary permittees

If you are the general contractor rather than the owner or developer, the permit treats you as a secondary permittee with day-to-day operational control. You are generally expected to sign the primary permittee's NOI and SWPPP, or submit your own NOI to be added to the coverage. Getting this right matters, because the permit expects the people actually running the site to be on the paperwork.

After you are covered

Coverage is the start, not the finish. Once you have your NOC you must implement the SWPPP, run twice-weekly inspections, keep your records, and file a Notice of Termination once the site is finally stabilized so you stop owing permit obligations and fees.

From the engineer who built this: SWPPP Builder was created by a practicing Tennessee civil engineer, not a national template service. The generated plan is written to the current state Construction General Permit and to the TDEC forms your reviewer and inspector actually expect to see, so it reads like something that belongs on a Tennessee jobsite. Local programs still vary block to block, so the plan is built to be reviewed, signed, and adjusted to your specific site rather than filed blind.

Getting the SWPPP you need to file

SWPPP Builder generates a field-ready Tennessee SWPPP built to the state Construction General Permit in about an hour. Pricing is flat and posted up front: $349 for a standard non-engineered contractor SWPPP, $99 for a single-family homebuilder plan (built on TDEC form CN-1249), and $499 when your site needs engineered or pre-approved plans. That is a fraction of the $1,500 to $5,000 a consultant typically charges, and you keep the file in your account to reuse and update as the job changes.

Common questions

Is the NOI the same as the SWPPP?

No. The SWPPP is your site-specific stormwater plan. The NOI (form CN-0940) is the application you file with TDEC to obtain coverage under the Construction General Permit. You prepare the SWPPP first, then file the NOI, which references it.

How much is the Tennessee NOI fee?

The application fee is based on the total acreage your project will disturb, set under Tennessee Rules Chapter 0400-40-11. Because the schedule can change, confirm the current amount in MyTDEC when you file.

Where do I file the NOI?

Through MyTDEC, the state's online permitting portal. You create an account, complete the CN-0940 NOI, certify it, and pay the fee, then wait for your Notice of Coverage before starting work.

Does the contractor file too?

Often yes. A contractor with day-to-day control of the site is a secondary permittee and is generally expected to sign the primary permittee's NOI and SWPPP, or file a separate NOI to be added to the site's coverage.

This guide is general information for Tennessee construction sites, not legal, engineering, or regulatory advice. Requirements change and local rules vary; always confirm current details with TDEC and your local permitting authority before relying on them. Fees, thresholds, and contacts cited here can change, so verify them with the office directly.